Citation Numbers: 143 A.D.2d 376
Filed Date: 9/12/1988
Status: Precedential
Modified Date: 1/13/2022
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered December 16, 1983, convicting him of murder in the second degree and attempted manslaughter in the first degree (three counts), after a nonjury trial, and imposing sentence.
Ordered that the judgment is modified, on the law and the facts, by reducing the defendant’s convictions for attempted manslaughter in the first degree to attempted assault in the first degree, vacating the sentences imposed on those convictions and remitting the matter to the Supreme Court, Queens County, for resentencing upon those convictions; as so modified, the judgment is affirmed.
The defendant’s convictions on the three counts of attempted manslaughter in the first degree must be reduced to attempted assault in the first degree (Penal Law §§ 110.00, 120.10). Except in those instances where a defense of extreme emotional disturbance is interposed to reduce a charge of attempted murder (People v Harris, 138 AD2d 626; People v Tabarez, 113 AD2d 461), which is not the case at bar, the crime of attempted manslaughter in the first degree is a nonexistent crime (People v McDavis, 97 AD2d 302; People v Williams, 40 AD2d 1023). Therefore, we have reduced those convictions accordingly, and the matter is remitted to the Supreme Court, Queens County, for resentencing thereon.
We have reviewed the defendant’s remaining contentions, including his claim that the sentence imposed was excessive, and find them to be either unpreserved for appellate review or without merit. Mangano, J. P., Bracken, Brown and Kunzeman, JJ., concur.